CITY COUNCIL: Encroachment Permit Application for Driveway Construction

Meeting Date: 1 September 2009
Prepared by: Marc Wiener, Assistant Planner

City Council
Agenda Item Summary

Name: Consideration of an Encroachment Permit application for the construction of a driveway at the end of Lopez Avenue (SE corner of Lopez & 2nd Avenues). The applicant is Zane Blackmer.

Description: The applicant has requested permission to construct a driveway in the public right-of-way at the end of Lopez Avenue.

Overall Cost:
City Funds: N/A
Grant Funds: N/A

Recommendation: Determine if the proposed driveway is appropriate.

Important Considerations: Current vehicle access to the property is provided by a dirt driveway located on 2nd Avenue. As developed, this driveway does not provide adequate vehicle access to the property. CMC Section 12.24 permits the construction of driveways in the public right-of-way with the issuance of a permit. In order to obtain a permit, certain conditions must be met with respect to landscaping, drainage and the driveway grade.

Decision Record: The Design Review Board reviewed this project on 22 July 2009 and
recommended that the City Administrator approve this project, with special conditions.

Reviewed by:

__________________________ _____________________
Rich Guillen, City Administrator Date

CITY OF CARMEL-BY-THE-SEA
STAFF REPORT
TO: MAYOR McCLOUD AND COUNCIL MEMBERS
THROUGH: RICH GUILLEN, CITY ADMINISTRATOR
FROM: MARC WIENER, ASSISTANT PLANNER
DATE: 1 SEPTEMBER 2009
SUBJECT: CONSIDERATION OF AN ENCROACHMENT PERMIT APPLICATION FOR THE CONSTRUCTION OF A DRIVEWAY AT THE END OF LOPEZ AVENUE (SE CORNER OF LOPEZ & 2ND AVENUES). THE APPLICANT IS ZANE BLACKMER.

BACKGROUND
The subject property is a 7,908-square-foot parcel of land located at the southeast corner of the Lopez and Second Avenues, across the street from Pescadero Canyon. The lot is currently developed with a two-story home along the hillside. In 2007, an application was approved to construct a new home at this site, but the project was never completed.

Vehicle access to the property is provided by a steeply sloped dirt driveway located on 2nd Avenue. There are two significant trees adjacent to the dirt driveway, which presents an issue for grading or paving in this area. The portion of 2nd Avenue leading up to the driveway is a narrow road that is in need of repair. The road is closed immediately after the driveway. Pedestrian access to the property is provided by a walkway at the end of Lopez Avenue. The homeowner parks on Lopez Avenue and uses the walkway since the driveway, located on 2nd Avenue, is not functional.

PROJECT DESCRIPTION
The applicant has requested permission to construct a driveway at the end of Lopez
Avenue. The proposed driveway is located in the public right-of-way and extends across a vegetated hillside. The applicant proposes to replace the walkway off Lopez Avenue in addition to constructing the driveway and intends to build a new home at this site in the future. The design of the home and the location of the on-site parking depend on whether or not the driveway is approved.

HEARING SUMMARY
Design Review Board: The Design Review Board reviewed this project on 22 July
2009, and recommended that the City Administrator approve the project, with the
following special conditions:
1. The applicant shall revise the landscape plan to include more diversity with the
proposed trees.

2. All conditions stated in CMC Section 12.24.020 shall be met before obtaining a
permit. This includes submitting a driveway grade/drainage agreement.

3. The applicant shall remove the existing driveway located on 2nd Avenue and
provide a landscape plan to improve this area.

4. The applicant shall provide a site coverage plan with site coverage calculations
for the additional parking pad. The site coverage shall not exceed what is permitted for the property.

5. The parking pad shall be a minimum of three feet from the side-yard property line. This shall be reflected on the site coverage plan.

6. The applicant shall apply for an encroachment permit.

7. The revised driveway plan shall address the issue of drainage along the hillside.

The following is a list of considerations that were addressed at the hearing. The City Administrator has referred this application to the City Council.

Accessibility on 2nd Avenue: The Design Review Board toured the site and found that
the existing driveway, located on 2nd Avenue, provides inadequate vehicle access to the property. The turning radius is too narrow to navigate when approaching the driveway in an eastbound direction from 2nd Avenue and it is not possible to approach the driveway from a westbound direction since 2nd Avenue is closed from this direction. The City has no plans to open the road.

Staff informed the Board that in order to have a functional driveway at this location, the applicant must grade the hillside and pave the driveway on 2nd Avenue. The City Forester reviewed this option and concluded that any grading or paving in this area would pose problems because of the surrounding significant trees.

Right-of-Way Character: Residential Design Guideline 1.5 encourages property
owners to “maintain and enhance the informal, vegetated, open space character of the
right-of-way” and states that “with the exception of driveways, new paving in the right-of- way is prohibited.”

The driveway would require removing four trees and clearing vegetation in this area.
The City Forester gave consent to remove the four trees. The applicant submitted a
landscape plan which was reviewed by the Design Review Board. The plan includes four
new replacement trees and adding landscaping to help mitigate the impact. This plan was reviewed by the City Forester and the applicant revised the landscape plan since the first hearing, in accordance with the Forester’s recommendations.

Driveway Design: CMC Section 12.24 permits driveways in the public right-of-way
with the issuance of a permit. In order to obtain a permit, certain conditions must be met pertaining to landscaping, drainage and the driveway grade.
Before the hearing, the Public Works Superintendent reviewed the driveway plan and did not identify any significant issues, including the issue of drainage. A more detailed review will be conducted, however, during the permit phase. The DRB recommended approval with a condition that all of the standards listed in CMC Section 12.24.020 (Permit Conditions) be met, before the issuance of a permit.

Neighbor Comments: Several neighbors of the project, primarily residents located on
Lopez Avenue, submitted letters to the DRB and appeared at the hearing to voice
objections to the driveway. Concerns ranged from increased traffic and parking issues, aesthetics, safety and drainage. These letters have been included for Council review.

One neighbor spoke on the applicant’s behalf at the hearing. Additionally, the applicant obtained signatures from 11 area residents who favor the driveway.

Summary: The Design Review Board considered the concerns raised at the public
hearing and recommended that the City Administrator approve the project since
reasonable vehicle access cannot be provided off of 2nd Avenue. The Board directed the applicant to address the concerns about drainage. The applicant has revised the driveway plan to address the issue of drainage on the hillside.

Several neighbors raised concerns about the safety of the driveway. Since the hearing, staff met with a member of the Police Department at the project site to review the plans.

The officer did not identify any significant safety issues associated with the driveway.

RECOMMENDATION:
Determine if the proposed driveway is appropriate.